RAVINDRA ALIAS RANGANATH KAJALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and order dated 7th October, 1997 passed by the IInd Additional Sessions Judge. Nasik, in Sessions case no. 101 of 1997 whereby he has been convicted and sentenced in the manner stated hereinafter :- (i) Under section 302 IPC to undergo imprisonment for life and to pay a fine of Rs. 8,000/- in default to suffer R. I. for one year and (ii) Under section 307 IPC to undergo R. I. for 10 years and to pay a fine of Rs. 8,000/- in default to undergo R. I. for one year. The substantive sentences were ordered to run concurrently. In short, the prosecution case runs as under :-The deceased Vilas Akolkar, the informant Santosh Patil pw 1, the injured ravindra Wagale pw 5, Balu Zagade pw 8, Bhagirath Jadhav pw 11 and, the appellant, at the time of the incident, were residing in Nehru nagar District Nasik. On 9th February, 1997, sometimes between 9 p. m. to 9. 30 p. m. the informant, the injured, Bhagirath Jadhav and the deceased were talking in chowk behind the hospital compound in Nehru nagar, Nasik. hi the meantime, the appellant and his cousin Rajesh kajale came out from the house of the latter, situated in Nehru nagar. The appellant kept his hand on the shoulder of the deceased Vilas Akolkar and called him aside on the pretext that he had some work with him. The appellant took Vilas to a distance of about 20 to 25 feet approximately and a severe altercation ensued between them culminating in exchange of blows. The informant Santosh Patil and the injured ravindra Wagale rushed towards Vilas and the appellant. They saw the appellant inflicting knife blows on the person of Vilas who fell down as a result thereof. When ravindra Wagale tried to intervene, the appellant inflicted knife blows on his waist and buttock. The appellant continued assaulting Vilas even after he had fallen down. Apart from Santosh patil and Ravi Wagale (who were the eye witnesses of the incident Bhagirath Jadhav P. W. 11 who was proceeding to his house after telling santosh Patil P. W. 1, Ravi Wagale P. W. 5 and Vilas Akolkar the deceased, that he had been transferred to Gonda and who had also seen the appellant and Ravindra kajale there; on hearing cries, came to the place of the incident and found that in front of the house of Rajesh Kajale, Vilas Akolkar was lying on the ground; Santosh patil was lifting him; and Ravindra Wagale was also injured. Immediately after the incident, Rajesh Kajale proceeded to the house of Balu zagade P W 8 who was living at a distance of 10 feet from the place where Viias akolkar. had been assaulted and asked him to come with his rickshaw as Vilas akolkar was to be admitted in the Hospital. Consequently, along with Santosh Patil and Ravindra Wagale, Balu Zagade took Vilas Akolkar on his rickshaw to Bytco hospital where Dr. Jairam Kothari PW 9 pronounced him dead.

(2.) THE evidence of Ravindra Wagale PW5 shows that after Vilas Akolkar had been pronounced dead, in Bytco Hospital, he proceeded to Nasik Road Police station where the police noted his bleeding injury and consequently, sent him through a constable to Bytco Hospital where at 1. 50 a. m. same night (night of 9th/10th February, 1997) Dr. Jairam Kothari PW 9 examined him and found on his person, following injuries:-

(3.) THE F. I. R. of the incident was dictated by the informant Santosh Patil PW 1 to API Bhaskar Badgujar P W 13 the same night at 2 a. m. at Bytoc Hospital. On its basis, C. R. No. 45 of 1997, was registered at 2. 30 a. m. at Nasik Road Police station. The F. I. R. is Exhibit 30.